A.R.S. tit. 1 ch. 5 — Arizona Revised Statutes Title 1 Chapter 5 — Public Programs

1-501. Eligibility for federal public benefits; documentation; violation; classification; citizen suits; court costs and attorney fees; definition A. Notwithstanding any other state law and to the extent permitted by federal law, any natural person who applies for a federal public benefit that is administered by this state or a political subdivision of this state and that requires participants to be citizens of the United States, legal residents of the United States or otherwise lawfully present in the United States shall submit at least one of the following documents to the entity that administers the federal public benefit demonstrating lawful presence in the United States: 1. An Arizona driver license issued after 1996 or an Arizona nonoperating identification license. 2. A birth certificate or delayed birth certificate issued in any state, territory or possession of the United States. 3. A United States certificate of birth abroad. 4. A United States passport. 5. A foreign passport with a United States visa. 6. An I-94 form with a photograph. 7. A United States citizenship and immigration services employment authorization document or refugee travel document. 8. A United States certificate of naturalization. 9. A United States certificate of citizenship. 10. A tribal certificate of Indian blood. 11. A tribal or bureau of Indian affairs affidavit of birth. B. For the purposes of administering the Arizona health care cost containment system, documentation of citizenship and legal residence shall conform with the requirements of title XIX of the social security act. C. To the extent permitted by federal law, an agency of this state or political subdivision of this state may allow tribal members, the elderly and persons with disabilities or incapacity of the mind or body to provide documentation as specified in section 6036 of the federal deficit reduction act of 2005 (P.L. 109-171; 120 Stat. 81) and related federal guidance in lieu of the documentation required by this section. D. Any person who applies for federal public benefits shall sign a sworn affidavit stating that the documents presented pursuant to subsection A of this section are true under penalty of perjury. E. Failure to report discovered violations of federal immigration law by an employee of an agency of this state or a political subdivision of this state that administers any federal public benefit is a class 2 misdemeanor. If that employee's supervisor knew of the failure to report and failed to direct the employee to make the report, the supervisor is guilty of a class 2 misdemeanor. F. This section shall be enforced without regard to race, color, religion, sex, age, disability or national origin. G. Any person who is a resident of this state has standing in any court of record to bring suit against any agent or agency of this state or its political subdivisions to remedy any violation of any provision of this section, including an action for mandamus. Courts shall give preference to actions brought under this section over other civil actions or proceedings pending in the court. H. The court may award court costs and reasonable attorney fees to any person or any official or agency of this state or a county, city, town or other political subdivision of this state that prevails by an adjudication on the merits in a proceeding brought pursuant to this section. I. For the purposes of this section, "federal public benefit" has the same meaning prescribed in 8 United States Code section 1611. 1-502. Eligibility for state or local public benefits; documentation; violations; classification; citizen suits; court costs and attorney fees; definition (Caution: 1998 Prop. 105 applies) A. Notwithstanding any other state law and to the extent allowed by federal law, any agency of this state or a political subdivision of this state that administers any state or local public benefit shall require each natural person who applies for the state or local public benefit to submit at least one of the following documents to the entity that administers the state or local public benefit demonstrating lawful presence in the United States: 1. An Arizona driver license issued after 1996 or an Arizona nonoperating identification license. 2. A birth certificate or delayed birth certificate issued in any state, territory or possession of the United States. 3. A United States certificate of birth abroad. 4. A United States passport. 5. A foreign passport with a United States visa. 6. An I-94 form with a photograph. 7. A United States citizenship and immigration services employment authorization document or refugee travel document. 8. A United States certificate of naturalization. 9. A United States certificate of citizenship. 10. A tribal certificate of Indian blood. 11. A tribal or bureau of Indian affairs affidavit of birth. B. For the purposes of administering the Arizona health care cost containment system, documentation of citizenship and legal residence shall conform with the requirements of title XIX of the social security act. C. To the extent allowed by federal law, an agency of this state or political subdivision of this state may allow tribal members, the elderly and persons with disabilities or incapacity of the mind or body to provide documentation as specified in section 6036 of the federal deficit reduction act of 2005 (P.L. 109-171; 120 Stat. 81) and related federal guidance in lieu of the documentation required by this section. D. Any person who applies for state or local public benefits shall sign a sworn affidavit stating that the documents presented pursuant to subsection A of this section are true under penalty of perjury. E. Failure to report discovered violations of federal immigration law by an employee of an agency of this state or a political subdivision of this state that administers any state or local public benefit is a class 2 misdemeanor. If that employee's supervisor knew of the failure to report and failed to direct the employee to make the report, the supervisor is guilty of a class 2 misdemeanor. F. This section shall be enforced without regard to race, color, religion, sex, age, disability or national origin. G. Any person who is a resident of this state has standing in any court of record to bring suit against any agent or agency of this state or its political subdivisions to remedy any violation of any provision of this section, including an action for mandamus. Courts shall give preference to actions brought under this section over other civil actions or proceedings pending in the court. H. The court may award court costs and reasonable attorney fees to any person or any official or agency of this state or a county, city, town or other political subdivision of this state that prevails by an adjudication on the merits in a proceeding brought pursuant to this section. I. For the purposes of this section, "state or local public benefit" has the same meaning prescribed in 8 United States Code section 1621, except that it does not include commercial or professional licenses, postsecondary education, benefits provided by the public retirement systems and plans of this state or services widely available to the general population as a whole. 1-503. Federal, state and local public benefits; false documents; violation; classification; definitions (Caution: 1998 Prop. 105 applies) A. Notwithstanding any other state law and to the extent allowed by federal law, any natural person who is not lawfully present in the United States shall not knowingly apply for a federal public benefit or a state or local public benefit by submitting a false document to any entity that administers the federal public benefit or the state or local public benefit. B. Any natural person who violates subsection A of this section is guilty of a class 6 felony. C. For the purposes of this section: 1. "Federal public benefit" has the same meaning prescribed in section 1-501. 2. "State or local public benefit" has the same meaning prescribed in section 1-502. 1-504. Document verification; applicants for public benefits; definitions (Caution: 1998 Prop. 105 applies) A. If a natural person who applies for any federal public benefit pursuant to section 1-501 or any state or local public benefit pursuant to section 1-502 is not a citizen or national of the United States, the agency or political subdivision of this state that administers the public benefit shall use the systematic alien verification for entitlements program that is maintained by the United States citizenship and immigration services, or any successor program that is designated by the United States department of homeland security, in order to verify the validity of the documents provided by the applicant and to verify the applicant's eligibility for benefits. B. This section does not relieve a natural person of any requirement to submit documentation that is required for any federal public benefit pursuant to section 1-501 or any state or local public benefit pursuant to section 1-502. C. For the purposes of this section: 1. "Federal public benefit" has the same meaning prescribed in section 1-501. 2. "State or local public benefit" has the same meaning as prescribed in section 1-502.